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Technology Stocks : Qualcomm Incorporated (QCOM) -- Ignore unavailable to you. Want to Upgrade?


To: qdog who wrote (41350)9/16/1999 5:13:00 AM
From: Bux  Read Replies (1) | Respond to of 152472
 
qdog, do you think members of the ITU could successfully petition that Q's royalties are too high to be considered "reasonable" or are you hinting at something else? I'm not very good with riddles. or fiddles.

Bux



To: qdog who wrote (41350)9/16/1999 9:08:00 AM
From: JGoren  Read Replies (1) | Respond to of 152472
 
ITU standards should not be formulated or used to create or allow a commercial (monopolistic) abuse, since standards should be available to everyone and this applies to a recommendation in its entirety or partly, including those "hidden" within a standard.

§ 1 Anyone suggesting a standard should point out existing patents, whether its own or someone else's. Licensing, royalties and other terms of any licensing or patent transfer contract are to be left to the parties concerned, as these arrangements might differ from case to case.

§ 2 Once a recommendation is made, one of three things happens:
2.1. the patent holder waives his patent and anybody can use them without compensation--(not clear if the ITU would try to create waiver, esp. if the holder fails to point out its patent, but I guess it's possible)
2.2. the patent holder continues to own its patent rights if it says it will negotiate licenses on a nondiscriminatory basis with reasonable terms and conditions
2.3. if the patent holder declares that it is neither willing to waive its patent rights nor negotiate licenses on a fair and nondiscriminatory basis, then ITU will not make a standard based on the suggestion or uses the patent

§ 3 the patent holder must make its statement in writing and cannot place any other conditions or caveats, but must use the words of the ITU's policy statement--i.e., can't quibble with 2.1 or 2.2